Russian Commercial Bank (Cyprus) Ltd v Khoroshilov

Russian Commercial Bank (Cyprus) Ltd v Khoroshilov

Mr Khoroshilov failed to act promptly, did not establish good reason for non-attendance, and had no reasonable prospect of overturning the contempt finding; alternative service was justified due to special circumstances and evasiveness.

Parties
Claimant: Russian Commercial Bank (Cyprus) Limited; Defendant: Fedor Khoroshilov
Jurisdiction
England and Wales
Judgment Date
12 May 2020
Procedural Posture
Commercial Court Application / Ruling on Applications to Set Aside Prior Orders
Outcome
Applications dismissed
Legal Topics
Alternative Service, Worldwide Freezing Order, Committal for Contempt, Hague Convention Service, Promptness in Application, Proportionality of Committal
Civil Procedure Contempt of Court Asset Freezing Alternative Service Worldwide Freezing Order Committal for Contempt Hague Convention Service Promptness in Application +1 more

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Parties

Russian Commercial Bank (Cyprus) Limited

Claimant

Fedor Khoroshilov

Defendant

Procedural Posture

Commercial Court Application / Ruling on Applications to Set Aside Prior Orders

Legal Issues

  1. 1 Whether the Defendant acted promptly in applying to set aside the committal order
  2. 2 Whether the Defendant had good reason for not attending the committal hearing
  3. 3 Whether the Defendant has reasonable prospects of overturning the contempt finding

Ratio Decidendi

Mr Khoroshilov failed to act promptly, did not establish good reason for non-attendance, and had no reasonable prospect of overturning the contempt finding; alternative service was justified due to special circumstances and evasiveness.

Court Disposition

Applications dismissed

Orders

  • The Second Application to set aside the committal order is dismissed.
  • The First Application to set aside the alternative service order is dismissed.